Patna High Court
Dharmendra Rajbhar @ Dharmendra RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The High Court set aside the lower court’s refusal of bail and ordered the release of the appellants on bail, finding that the grounds for denial were not substantiated.
Summary
The appeal was filed by two accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of bail by the Special Judge in Buxar. The FIR alleged that the accused, armed with lathis, assaulted the complainant causing bleeding injuries and charges were framed under several sections of the Bharatiya Nyaya Sanhita and the SC/ST Act. The accused argued that the FIR did not specifically allege assault against them, that the injuries were simple, and that they had no prior criminal record, having been in judicial custody since 11 July 2025. The complainant’s counsel conceded the arguments of the accused. The Patna High Court, after considering the submissions, set aside the lower court’s order refusing bail and granted bail on condition of a bond and sureties, thereby allowing the appeal.
Issues considered
- Whether the refusal of bail under the SC/ST Act was justified in view of the facts alleged in the FIR
- Whether the FIR specifically charges the appellants with assault under the Bharatiya Nyaya Sanhita
- Whether the nature of the injuries and the appellants’ lack of criminal antecedents warrant grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352, 49
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(va)
Subjects
- SC/ST Act
- bail
- assault
- Bharatiya Nyaya Sanhita
- high court appeal
- scheduled castes
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3374 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- RAJPUR District- Buxar
======================================================
1. Dharmendra Rajbhar @ Dharmendra Rai S/O Deena Rajbhar R/O Village-
Sauri, P.S.- Rajpur, District- Buxar
2. Sidharth Rajbhar @ Sidarat Rajbhar S/O Deena Rajbhar R/O Village- Sauri,
P.S.- Rajpur, District- Buxar
... ... Appellant/s
Versus
1. The State of Bihar
2. Irfan Nat S/O Mangal Nat R/O Village- Sauri, P.S.- Rajpur, District- Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Om Prakash Upadhyay, Advocate
For the Complainant : Mr. Abhay Kumar Pandey, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 22-01-2026 Heard learned counsel for the appellants, learned
counsel for the complainant and learned Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 29.07.2025 in SC/ST P.T.
No.BRBU10P0006452025 passed by the learned 1st Additional
Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Buxar
in connection with Rajpur P.S. Case No. 163 of 2025 registered
for the offences punishable under Sections 126(2), 115(2), 109,
49, 352, 351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita
Patna High Court CR. APP (SJ) No.3374 of 2025(5) dt.22-01-2026
2/3
and under Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.
3. The case of the prosecution, in short, is that the
appellants along with others being armed with lathi danda
started abusing the complainant. Vinod Rajbhar ordered to
assault. On his order, Sanjay Rajbhar and Mithu Rajbhar
assaulted with lathi due to which the complainant received
bleeding injury on his head. It is further alleged that Dhananjay
Rajbhar, Subhash Rajbhar and Ashok Rajbhar assaulted with
lathi on the left hand and back of the complainant.
4. Learned counsel for the appellants submit that the
from perusal of the FIR itself it is clear that there is no
allegation of assault against these appellants. As far as abusing
by caste name is concerned, the same is general and omnibus. It
has further been submitted by the learned counsel for the
appellants that the complainant has received simple injuries and
the appellants are having no criminal antecedent. Learned
counsel for the appellants has lastly submitted that the
appellants are in judicial custody since 11.07.2025.
5. Learned counsel for the complainant is present and
has conceded to the arguments of the learned counsel for the
appellants.
6. In view of the submissions made by the learned
Patna High Court CR. APP (SJ) No.3374 of 2025(5) dt.22-01-2026
3/3
counsel for the appellants, the order dated 29.07.2025 in SC/ST
P.T. No.BRBU10P0006452025 passed by the learned 1st
Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA)
Act, Buxar in connection with Rajpur P.S. Case No. 163 of 2025
is hereby set aside and the appellants above-named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned court of 1st Additional Sessions
Judge-cum-Special Judge(SC/ST), Buxar in connection with
Rajpur P.S. Case No. 163 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…